BILL NUMBER: S7657

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the labor law, the executive law and the civil service
law, in relation to enacting the New York emergency expedited temporary
work permit act; and providing for the repeal of such provisions upon
the expiration thereof

 
PURPOSE:

This legislation will create a worker permit program for asylum seekers
who have filed federal government paperwork needed to claim asylum. The
work permit program will allow this legal group of immigrants to work
legally and under full protections of New York State laws.

 
SUMMARY OF PROVISIONS:

Section 1 provides a title for this legislation.

Section 2 provides legislative findings and intent.
              

Section 3 amends the labor law by adding Article 4-b to read as follows:
Section: 155. Definitions.

§ 156. Asylee worker permit program.

§ 157. Rules and regulations.

The commissioner shall promulgate emergency rules and regulations for
the issuance of worker permits within thirty days of the effective date
of this section.

§ 158. Construction.

§ 155. Definitions. For the purposes of this article:

1. The term "asylee" shall have the same meaning as defined in the
Federal Immigration and Naturality Act (8 U.S.C. § 1101) provided that
for the purposes of this article, such term shall include both asylees
who have filed federal paperwork to obtain asylum status and those who
are in the process of filing such application.

2. The term "employment" shall include employment in both the private
and public sectors

§ 156. Asylee worker permit program.

1. The commissioner shall establish a temporary program for the expe-
dited issuance of work permits by the Department to asylum seekers
residing in New York within forty-five days of application.

2. No fees shall be charged for the issuance of asylee worker permits.
Permits issued under this section shall be valid for a period of eigh-
teen months from issuance, but may be renewed pursuant to regulations
adopted by the department.


§ 157. Rules and regulations.  The commissioner shall promulgate emer-
gency rules and regulations for the issuance of worker permits to
asylees within thirty days of the effective date of this section.

§ 158. Construction. Nothing contained within this article shall be
construed to grant any additional rights not explicitly provided for
pursuant to the provisions of this article.

Section 4 amends Subdivision 1 of Section 291 of the Executive Law to
read as follows: The opportunity to obtain employment without discrimi-
nation because of age, race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, sex, mari-
tal status,  
OR disability, or status as an asylum seeker, is hereby
recognized as and declared to be a civil right.

Section 5 amends Section 53 of the civil service law to read as follows:

§ 53. Noncitizen status. Except as otherwise provided by law, no non-ci-
tizen lawfully admitted for permanent residence in the United States
shall be denied appointment to a position in the competitive class of
civil service for reasons of noncitizen status. The state and municipal
civil service commissions may, by rule, provide for the appointment of
persons who are asylum seekers and who are issued worker permits under
Article Four-B of the labor law.

Section 6 states an effective date and a sunset date.

 
JUSTIFICATION:

The federal immigration law has become outdated and impedes our nation's
and New York State's ability to quickly and properly integrate asylum
seekers allowed to enter the United States of America. Current federal
law requires that an asylum seeker wait 150 days before applying for a
work permit. Additionally, they are not eligible to receive an Employ-
ment Authorization Document (EAD) until their asylum application has
been pending for a total of 180days.  Unfortunately, existing work
permit applications can take anywhere from 6 to 14 months to process,
leaving asylum seekers without the legal paperwork required to obtain a
job to support themselves and their families. In clear and undisputed
legal terms, asylum seekers are legal immigrants under federal law and
are desperate to provide shelter, food, and living expenses for them-
selves and their families.

Largely due to federal government policies that are antithetical to the
well-being of both the asylum seekers and their welcoming communities,
this group of immigrants is forced to work without proper documentation,
leaving them open to exploitation from employers. The types of exploita-
tion these immigrants will face without proper working papers range from
working in dangerous conditions without training to having their wages
stolen. Given the current federal inaction to expedite federal work
permit applications for asylum seekers, it is incumbent on New York
State to exercise its State's Constitutional duties and the powers
reserved to States under the Federal Constitution and enact a New York
State Asylum Seekers Worker Permit Program as outlined in this legis-
lation.

This bill will use the federal definition of Asylee to classify who is
eligible for the NYS Worker Permit Program and include both asylees who
have filed federal paperwork to obtain asylum status and those in the
process of filing such application.

This bill will require the NYS Department of Labor to issue work permits
for asylum seekers residing in New York within 45 days of application
while granting the Commissioner of the NYS Department of Labor the
authority to promulgate emergency rules and regulations to enact the
provisions of this legislation.

This legislation also amends the NYS Human Rights Law to include the
right of asylum seekers to work in New York State while their federal
immigration status is clarified and adds "asylum seeker" to the defi-
nition of protected classes.

In addition, the NYS Civil Service Law is amended to authorize state and
local governments to accept applications for employment by those granted
the emergency work permit. This proposed law will apply to both public-
sector employment and private-sector employment.

 
LEGISLATIVE HISTORY:

New Bill

 
EXISTING LAW:

New Bill

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

There is a minimal fiscal impact due to the administrative costs of
implementing a worker permit program. The exact amount is yet to be
determined, but it is expected to be minimal and will offset by the
taxes paid by payroll taxes.

 
EFFECTIVE DATE:
This act shall take effect in forty-five after it has become a law and
shall expire 2 years after such effective date when upon such date the
provisions of this act shall be deemed repealed.